Page 91 - North Carolina 2020 Legal Guide
P. 91

Task: Limits on Curtilage






          Collins v. Virginia, 138 S. Ct. 1663 (2018).

          • The Automobile Exception does not permit the Warrantless Entry of

               a Home or its curtilage in order to search a vehicle therein


          • Curtilage: “the area immediately surrounding and associated with

               the home—[is considered] to be part of the home itself for Fourth

               Amendment purposes…The protection afforded the curtilage is

               essentially a protections of families and personal privacy in an area

               intimately linked to the home, both physically and psychologically

               where privacy expectations are most heightened.”

















                                     ©2020 Jack Ryan  Legal & Liability Risk Management Institute                                    90
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